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2025 DAILYLAW 154643 (ALL)

AARIF @ MOHD. AARIF AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/6887/2025 · 2025-07-30

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44080-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6887 of 2025 Petitioner :- Aarif @ Mohd. Aarif And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Saggir,Haushila Prasad Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners and learned A.G.A for the State. 2. Under challenge in this petition is the First Information Report No. 0160/2025 dated 15.06.2025, under Sections 110, 115(2), 352, 351(2) and 333 B.N.S. 2023, Police Station- Bazar Shukl, District- Amethi. 3. Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto seven years of imprisonment. 4. Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. (Brij Raj Singh, J.) (Mrs. Sangeeta Chandra, J.) Order Date :- 30.7.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench